To Which Proposals Do the RIA Requirements Apply?
13. The RIA requirements are always linked to a Cabinet paper. Unless an exemption applies, the RIA requirements apply to:
- all policy proposals submitted to Cabinet that result in government bills or statutory regulations; and
- Cabinet papers proposing that the Government support or adopt a Member's Bill as a Government Bill.2
14. "Statutory regulations" has the same meaning as "regulations" in the Regulations (Disallowance) Act 1989, which means that a RIS is required for deemed regulations. A RIS is required where statutory regulations are made by individual Ministers under an enabling power in an Act and the Minister's decision is referred to Cabinet for noting.
15. Exemptions. The RIA requirements do not apply where the proposal:
- is of a minor or machinery nature and does not substantially alter existing arrangements (for example, a proposal that corrects a drafting error in legislation or adjusts a fee or levy to reflect changes in the Consumer Price Index);
- deals with administrative procedures within or between departments, and does not impact on business, consumers, or the public;
- is necessary to implement an international treaty for which an extended National Interest Analysis (NIA) has been prepared and submitted to Cabinet. This means that each time a RIS is required, an extended NIA could be prepared in substitute for the RIS;
- is to give effect under urgency, in terms first announced in the Budget, to a specific Budget decision, where the decision is to:
- repeal, impose, or adjust a tax, fee or charge; or
- confer, revoke, or alter an entitlement; or
- impose, revoke, or alter an obligation;
- is an Order in Council that provides solely for the commencement of enabling legislation or any provision of enabling legislation.
16. The RIAU does not grant exemptions from the RIA requirements; departments, on behalf of their Minister, determine whether exemptions apply. To claim an exemption, you need to be confident that the intent of the exemption can be reasonably applied and will stand external scrutiny. If you are unsure whether an exemption applies, contact the RIAU. If an exemption applies, this needs to be stated in the Regulatory Impact Analysis section of the Cabinet paper.
17. In the case of a Cabinet paper proposing that New Zealand take treaty action, an NIA can be prepared instead of a RIS, provided it complies with all RIS requirements (an "extended NIA"). In these circumstances all of the procedures that are set out in this circular apply to the extended NIA. The department leading the policy work should liaise with both the Treaty Officer in the Legal Division of the Ministry of Foreign Affairs and Trade and the RIAU about the respective requirements.
18. Supplementary Order Papers. For proposals involving Supplementary Order Papers (SOPs), the submission to Cabinet on the proposal should identify whether the SOP alters the content of the RIS that was the basis of Cabinet's decision on the original policy/legislation, and if so, in what way. A new RIS is not required and the analysis requirements do not apply.
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